4.  The applicant was born in 1966. He entered the Czech Republic in 1983.
5.  On 17 December 1997 at 10.30 a.m. the applicant was brought to a police investigation office in order to provide certain explanations (podání vysvětlení) in connection with an investigation for fraud. He was heard by a police investigator from 2.15 to 4.45 p.m. A lawyer was appointed for him. The applicant was arrested at 5.50 p.m, and charged with attempted fraud under sections 8(1) and 250(1) and (4) of the Criminal Code (hereinafter “the CC”) on the ground that he, together with a certain M.M., had opened bogus bank accounts on which they had attempted to collect CZK 56,228,000 (EUR 1,938,897) and CZK 36,572,000 (EUR 1,261,103) through false postal orders.
6.  On 19 December 1997 the applicant was brought before a judge at the Prague 1 District Court (soudce obvodního soudu) who ordered his detention on remand.  On the same day, the applicant’s home was searched.
7.  On 19 January 1998 the Prague Criminology Institute (Kriminalistický ústav) was requested to draw up an expert report on the false postal orders.  On 16 February 1998 the Criminology Technique and Expertise Department of the criminal police (odbor kriminalistické techniky a expertiz) was requested to examine the applicant’s computer and diary. The expert opinions were submitted on 29 April and 12 June 1998 respectively.
8.  On 3 and 18 March, 22 July and 22 October 1998 respectively, the applicant was heard.
9.  On 18 March 1999 he was informed that his criminal activity would be considered as complicity in fraud in an organised group under section 43 of the CC. On 6 September 1999 the postal orders were described.
10.  On 24 September and 9 August 2000 respectively, the applicant was heard.
11.  On 25 April 2001 the applicant’s defence counsel, after having examined her client’s file, asked that the evidence be completed by the hearing of two witnesses, one of them, T., being the applicant’s cousin. His request was refused by the police investigator on 22 May 2001 who did not consider the hearing of these witnesses necessary for the decision of the prosecutor and court.
12.  Meanwhile, 28 other suspects had been charged with the same offence, some of them being placed in custody.
13. On 3 July 2001 the Prague Regional Prosecutor (krajský státní zástupce), upon the investigator’s proposal of 21 June 2001, indicted the applicant and other co-accused before the Prague Regional Court (krajský soud). The applicant was so informed on 4 July 2001.
14.  On 6 September 2001 the Regional Court sent the case back to the Regional Prosecutor for additional investigations. It held that the applicant should remain in custody until 17 December 2001. On 22 November 2001 the High Court dismissed the prosecutor’s objection to this decision. On 5 December 2001 the case file was remitted to the Regional Prosecutor.
15.  On 29 May 2002 the applicant was heard but used his right to remain silent.
16. On 14 August 2002 another expert, having been appointed on 13 February 2002, submitted a report.
17.  Between June 2002 and January 2003, the authorities took a number of procedural steps.
18.  On 30 January 2003 the Regional Prosecutor again indicted all the suspects, including the applicant. The indictment contained 89 pages. The applicant was so informed on 10 April 2003.
19.  On 15 April 2003 the indictment in Czech, French and Arabian was forwarded to the Regional Court which, on 15 July 2003, set the trial for 20 October until 19 November 2003.
20.  On 10 September 2003 a procedural hearing of the applicant was held. The latter said that he would not need an interpreter at the trial.
21.  According to the Government, the Regional Court started to deal with case on 21 October 2003, eight suspects having failed to attend the trial on 20 October 2003. The criminal case relating to two suspects was excluded from the joint trial.
22.  On 22 October 2003 an interpreter into French was appointed to assist M.M. who did not understand Czech. On 27 October 2003 an interpreter into Arabian was appointed for the needs of certain witnesses.
23.  The trial continued between 7 and 30 January 2004, 36 witnesses being summoned and an additional expert report in psychiatry being ordered. According to the Government, the main hearing was actually held from 7 to 9 January 2004 and on 13, 16, 19 and 27 January 2004.
24.  From 19 to 27 January 2004 the case file was given to the Prague High Court (Vrchní soud) for an examination of a complaint made by one of the suspects against a detention order. The matter was decided on 26 January 2004 and, according to the Government, the case file was immediately remitted to the Regional Court.
25.  The court continued to deal with the case between 1 and 26 April 2004, certain witnesses not having attended court. 19 witnesses were summoned to attend the hearing.
26.  On 22 March 2004 the court issued two arrest warrants against two suspects. Nevertheless, the main hearing continued on 1-2, 5, 7-9, 13-16 and 19-20 April 2004. On 21 April 2004 the hearing had to be adjourned until 21 June 2004. 16 witnesses were summoned to attend the court.
27.  The main hearing was held from 21 to 23 June and from 24 to 25 June 2004.
28.  In a judgment of 28 June 2004, the Regional Court found the applicant guilty of attempted fraud under sections 8(1) and 250(1) and (4) of the CC, and was sentenced to five years and six months’ imprisonment. A time-limit for the elaboration of the judgment was extended until 22 January 2005 because of the complexity of the case.
29.  The criminal proceedings are now pending before the High Court, which scheduled a hearing for 21 February 2006.
30.  On 19 December 1997 the judge at the Prague 1 District Court ordered the applicant’s detention on remand, upon a request of 18 December 1997 by the Prague Municipal Prosecutor (městský státní zástupce), under section 67(a) and (b) of the Code of Criminal Procedure (hereinafter “the CCP”), with effect from 17 December 1997 at 5.50 p.m. The judge held that, given the applicant’s Sudanese citizenship and passport and the fact that he was likely to be sentenced to a lengthy prison sentence, there was a risk that he would abscond to avoid the criminal proceedings. The judge also found that the applicant, being prosecuted together with M.M., could influence his co-accused and witnesses who had not yet been heard, and thus jeopardize the investigation.
31.  On 16 January 1998 the Municipal Court dismissed the applicant’s complaint against his detention order.
32.  On 3 March 1998 the District Court rejected the applicant’s request for release. On 27 March 1998 the Municipal Court upheld this rejection.
33.  On 2 June 1998 the court, following the Municipal Prosecutor’s request of 29 May 1998, extended the applicant’s detention on remand until 17 October 1998. It held that the applicant was likely to be sentenced to a lengthy prison sentence which created the risk that he would abscond abroad if released, and that he could influence M.M. or other persons who had not yet been questioned.
34.  On 30 September 1998 the District Court, upon the Municipal Prosecutor’s request, extended the applicant’s detention on remand until 17 February 1999. The court considered that the reasons for the applicant’s detention, as set out in the earlier decision, were still relevant. It emphasised the fear that the applicant would influence M.M. who was currently serving his prison sentence or other persons who had not yet been heard. It finally referred to the complex character of the case which needed to be properly investigated.
35.  On 23 October 1998 the Prague Municipal Court (městský soud) dismissed the applicant’s complaint of 12 October 1998 against this extension.
36.  On 14 December 1998 the applicant filed a constitutional appeal (ústavní stížnost) against the court decisions by which his detention on remand had been extended. He complained in particular that his continued detention on remand was not justified, and that the courts had not dealt with the case properly when examining the existence of the reasons for extending his detention. He further complained that he had not been brought before the court within 24 hours, as required by law. He invoked in this connection Articles 3 § 1 (the prohibition on discrimination), 8 §§ 2, 3 and 5 (the right to liberty and security), 36 § 1 (the right to judicial protection) and 40 § 2 (the presumption of innocence) of the Charter of Fundamental Rights and Freedoms (Listina základních práv a svobod).
37.  On 4 January 1999 M.M., whose prison sentence would have expired on 6 January 1999, was taken into custody pursuant to section 67(1)(a) of the CCP.
38.  On 26 January 1999 the District Court, upon the Municipal Prosecutor’s request of 22 January 1999, decided to prolong the applicant’s detention on remand until 17 June 1999, with reference to section 71(2) of the CCP, finding that the reasons for the detention under section 67 § 1(a) and (b) of the CCP continued to exist. The applicant’s belated complaint against this extension was rejected by the Municipal Court on 19 February 1999.
39.   In the meantime, on 15 February 1999, the investigator had decided to join the applicant’s and M.M.’s cases.
40.  On 3 June 1999 the Prague-East District Court extended the applicant’s detention on remand until 17 November 1999. On 30 June 1999 the Regional Court, upon the applicant’s and M.M.’s complaints, found that the reasons for their detention still existed, but reduced the detention period to 28 September 1999, considering that the investigation could be closed by the end of September 1999.
41.  In the meantime, on 9 June 1999, the Constitutional Court (Ústavní soud) had rejected the applicant’s constitutional appeal as being manifestly unsubstantiated.
42.  On 13 September 1999 the District Court, at the Prague Regional Prosecutor’s (krajský státní zástupce) request of 6 September 1999, extended the applicant’s, M.M.’s and two other suspects’ detention on remand until 31 October 1999 with reference, inter alia, to the necessity to complete the investigation.
43.  On 15 October 1999, the District Court granted the Regional Prosecutor’s request of 11 October 1999 and extended the applicant’s detention on remand until 16 December 1999, stating that other persons had been accused in the meantime which would require hearing all 31 accused persons, as well as certain witnesses and experts. It found that there was still a risk that the applicant would influence the witnesses and co-accused and, given the risk of a lengthy prison sentence being imposed on him, he might avoid the criminal prosecution by absconding abroad.
44.  On 29 October and 24 November 1999, the Regional Court dismissed the applicant’s complaints against the decisions of 13 September and 15 October 1999, by which his detention had been extended until 31 October and 16 December 1999 respectively.
45.  On 10 December 1999 the High Court, upon the motion of the Prague High Prosecutor’s Office (Vrchní státní zástupce), relying on section 71(3) of the CCP, extended the applicant’s detention until 31 May 2000 finding that there were still reasons for his detention under section 67(1)(a) and (b) of the CCP. It referred, inter alia, to the complex character of the case. It further relied on the reasonable suspicion based on cogent evidence that the applicant had committed the serious criminal offence with which he had been charged.
46.  On 6 January 2000 the Supreme Court (Nejvyšší soud) quashed the aforesaid decision, holding that there were no concrete reasons justifying the applicant’s remand in custody for fear of collusion or intimidation, under section 67(b) of the CCP, and decided anew, finding that there was still a risk that the applicant would abscond and avoid the criminal prosecution if released given the possible lengthy prison sentence, his Sudanese citizenship and domicile and his personal and family background. It held that the criminal proceedings had not been terminated within the two-year detention time-limit laid down in section 71(3) of the CCP, due to the complexity of the case and for other serious reasons. The court finally held that, on the basis of the material evidence collected in the pre-trial proceedings, it was possible to conclude that the serious criminal offence with which the applicant had been charged had really been committed by him.
47.  On 5 April and 7 June 2000 respectively, the District Court dismissed the applicant’s requests for release. On 28 April and 13 July 2000 respectively, the Regional Court rejected his complaints against these dismissals.
48.  On 19 May 2000 the High Court, granting the High Prosecutor’s request of 5 May 2000, extended the applicant’s detention until 30 November 2000, pursuant to section 71(3) of the CCP. It referred to the complex character of the case involving 31 suspects. The court stated inter alia that, given the legal classification of the applicant’s offence, he was likely to be sentenced to a lengthy term of imprisonment if convicted. It also noted that, being of a Sudanese nationality and having his domicile not only in Prague but also in Sudan, and having his family there and in the United States of America, the applicant might abscond. It considered, therefore, that his detention was still necessary within the meaning of section 67(1)(a) of the CCP.
49.  On 21 June 2000 the Supreme Court rejected the applicant’s complaint against this extension, referring, inter alia, to his Tunisian nationality and passport[1], and to the fact that he had his domicile and family in Tunis. The court dismissed any discriminatory element which could be used against the applicant in order to keep him in custody.
50.  On 21 July 2000 the applicant filed a second constitutional appeal, this time filed against the two last decisions. He alleged a violation of Article 8 §§ 1, 2 and 5 of the Charter.
51.  On 24 November 2000 the High Court extended the applicant’s pre-trial detention up to 30 March 2001 under section 71(3) of the CCP finding, with reference in particular to the extent of pecuniary damage allegedly caused by the suspects, that there was still a real risk that the applicant, a Sudanese citizen, would avoid the criminal prosecution or possible lengthy prison sentence if released.
52.  On 29 November 2000 the applicant’s counsel informed the Constitutional Court that his client’s detention had again been prolonged.
53.  On 21 December 2000 the Supreme Court dismissed the applicant’s complaint of 30 November 2000 against the decision of 24 November 2000 to extend his detention until 30 March 2001. The court shared the opinion of the High Court that the reason for the applicant’s continued detention under section 67(1)(a) of the CCP persisted. It referred in this respect to the previous decision of the High Court of 21 June 2000 describing the applicant’s ties with the Czech Republic, the character of his criminal activities and possible prison sentence.
54.  On 6 February 2001 the Constitutional Court dismissed the applicant’s second constitutional appeal as being manifestly ill-founded. It held that the decisions extending the applicant’s detention beyond two years had been taken by virtue of section 71(3) of the CCP, and that it was clear from the evidence available that these decisions had been taken on the basis of the facts established at the material time.
55.  On 20 March 2001 the High Court granted the High Prosecutor’s request of 13 March 2001 to extend the applicant’s pre-trial detention until 30 June 2001. On 24 April 2001 the Supreme Court dismissed the applicant’s complaint against this extension.
56.  On 21 May 2001 the District Court dismissed the applicant’s request for release. On 20 July 2001 the Regional Court rejected the applicant’s complaint against this dismissal.
57.  On 19 June 2001 the High Court, upon the High Prosecutor’s request of 5 June 2001, extended the applicant’s detention on remand until 31 August 2001. Referring to the complex character of the case, the seriousness of the criminal activities with which the applicant and the other suspects had been charged and to the evidence collected so far, it found that it had been impossible to close the investigation within the two-year statutory period. It further held that the purpose of the criminal proceedings would be jeopardised if the suspects were released. In this respect the court recalled, inter alia, that the applicant was a Sudanese citizen, that his family lived in Sudan and that he did not have any family or other ties with the Czech Republic. On 18 July 2001 the Supreme Court dismissed the applicant’s complaint of 2 July 2001 against the extension.
58.  On 1 August 2001 the High Court granted the request dated 10 July 2001 of the president of the chamber of the Regional Court to extend the applicant’s pre-trial detention until 17 December 2001, finding that the reason for the applicant’s detention under section 67(1)(a) of the CCP continued to exist. The applicant’s complaint against this extension was dismissed on 21 August 2001 by the Supreme Court which found that there were good reasons to extend his detention in accordance with section 71(4) of the CCP, sharing the opinion of the High Court. It held that the case was factually complex and that the competent authorities had not been responsible for any unjustified delay.
59.  On 17 December 2001 the applicant was released from custody.
60.  On 28 June 2002 the applicant married a Czech woman.
61.  On 16 August 2002 the applicant filed an application for a residence permit in order to live with his Czech wife.
62.  On 2 September 2002 the Prague Aliens and Customs Police Service (služba cizinecké a pohraniční policie) suspended the examination of this request given the criminal investigation against the applicant which was still pending. It held in particular that, under section 70(1)(e) of the Aliens’ Residence in the Czech Republic Act, such a request had to be supported by a certificate of good conduct (doklad k posouzení trestní zachovalosti) proving that he had no criminal record in his own country, in a country where he had his permanent residence or in a country where he had been living for more than six months in the past three years. The Service also held that the application had not contained necessary documents confirming the reason for his residence in the Czech Republic or his financial means to live there. It referred to section 70(1)(c) and (d) of the Act.
63.  On 6 December 2002 the Constitutional Court dismissed as unsubstantiated the applicant’s constitutional appeal against the aforesaid decision, in which he had alleged a violation of his rights guaranteed by Article 36 §§ 1 and 2 and Article 40 § 2 of the Charter.
64.  On 2 January and 3 April 2002 respectively, the Deputy Ombudsman (zástupkyně veřejného ochránce práv) found that the Service had proceeded unlawfully.
65.  On 5 June 2003 a private translation company offered employment to the applicant. On 17 July 2003 it withdrew the offer, as the applicant had not submitted his residence permit.